Category Archives: Nexus

CA8: Two CIs and officer’s observations provided PC for GPS tracking

Two tipsters and an officer’s observations of hand-to-hand deals led to a GPS warrant for defendant’s vehicle. It was issued with probable cause. Defendant wasn’t entitled to a Franks hearing over the CIs. United States v. Bradley, 2019 U.S. App. … Continue reading

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Army: Email address link to CP provided nexus to def’s devices and quarters

Defendant was retired military working as a contractor in Afghanistan. Child pornography was traced to him by his email address. That gave the magistrate issuing the search warrant reason to believe that child pornography would be found on his digital … Continue reading

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D.Conn.: Nexus shown by def going home after three controlled buys

Nexus and probable cause are shown to defendant’s house by the fact he went back to his house from three controlled buys. United States v. Stewart, 2019 U.S. Dist. LEXIS 78376 (D. Conn. May 9, 2019). Having pled guilty to … Continue reading

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N.D.Tex.: Nexus & GFE: Officer’s experience drug dealers keep stuff at home alone is not enough; some fact connecting home required

Officer’s experience alone that drugs and paraphernalia are often kept at the alleged dealer’s home does not satisfy the good faith exception. There must also be some facts connecting the house to the drug offense away from the home. United … Continue reading

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W.D.Ky.: Complete failure of nexus was no PC and even GFE won’t save it

The affidavit for search warrant here fails to show nexus to defendant’s property. Moreover, it can’t even be inferred from the CI’s statements. “The affidavit presently before this Court offers no such supplemental information. The affidavit does not describe a … Continue reading

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D.Minn.: No nexus whatsoever between offense and evidence sought and place to be searched; therefore, no GFE

There was no nexus shown at all between the affidavit for the search warrant between the evidence sought and the place to be searched. The good faith exception doesn’t rescue the search here because the affidavit is, in fact, so … Continue reading

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S.D.Tex.: SW for entire cell phone in auto burglary is suppressed as both without nexus and overbroad

An arrest warrant doesn’t give authority to search a cell phone with the arrest. After a search warrant was issued for the phone for the crime of auto burglary, there is no nexus to the crime, and the search warrant … Continue reading

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PA: Officer safety was not presumed to be exigency where def did nothing to warrant fear he’d use a weapon by merely refusing consent and walking away

Exigency of officer safety did not permit officers to search defendant’s garage. They came without a search warrant to arrest a third person. Defendant denied anyone else was there, refused to consent to a search, and turned and walked away. … Continue reading

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DE: Vague CI information and lack of nexus to def’s home required suppression

There was no substantial basis for a finding of probable cause for this search warrant. Not only were the credibility and reliability of the informant questionable, but the tip was overly broad and made no mention of defendant’s residence and … Continue reading

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E.D.Mich.: Health care fraud SW also reached def’s home because related mail was received there

In a health care fraud case, the fact some mail within the scheme came to defendant’s home was nexus for the search warrant including the home. “All of the items identified in the indictment were tied to or related to … Continue reading

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D.Md.: Recorded call about a murder was PC for search of phone for evidence of the call

A recorded telephone call with the defendant allegedly discussing a murder supported probable cause to search his cell phone for evidence of the call. United States v. Worthy, 2019 U.S. Dist. LEXIS 56275 (D. Md. Apr. 2, 2019). Defendant was … Continue reading

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DE: No nexus shown between cell phone and the crime under investigation

The search warrant application didn’t show a nexus between the phone and the crime under investigation. State v. Reese, 2019 Del. Super. LEXIS 140 (Mar. 18, 2019):

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